2018 (8) TMI 2053 - AT - Income Tax

Maintanability of appeal - low tax effect - HELD THAT - As seen that the tax effect involved in the grounds raised by the Revenue in each appeal is below Rs. 20 lakhs. Therefore in view of the latest CBDT Circular No.03/2018 F.No.279/Misc.142/2007-ITJ (Pt) dated 11th July 2018 raising the monetary limit for filing of the appeals by the Revenue before the Tribunal to Rs. 20 lakhs which is even applicable to pending appeals as per clause 3 of the said Circular the above appeals filed by the Revenue are dismissed.

Summary

Issues:
- Low tax effect in appeals filed by Revenue below Rs. 20 lakhs
- Dismissal of appeals based on CBDT Circular No.03/2018

Analysis:
The judgment by the Appellate Tribunal ITAT Delhi involved multiple appeals filed by the Revenue against separate orders of the CIT(A). The appeals were scheduled for a hearing due to their low tax effect, with the notices affixed on the Notice Board and no separate notices issued to individual assessees. The tax effect in each appeal was found to be below Rs. 20 lakhs, in line with the CBDT Circular No.03/2018 dated 11th July, 2018, which raised the monetary limit for filing appeals by the Revenue before the Tribunal to Rs. 20 lakhs. Consequently, the Tribunal dismissed all the appeals filed by the Revenue based on the monetary limit specified in the circular. The order was pronounced on 2nd August 2018 during the hearing itself, bringing a conclusion to the matter.